Show S CONFIRMATIONS When the power is vested in oh executive officer to make appointments by and with the advice and conset of a legislative body only one objefct is sought to be accomplished sOf17 as the legislative consent Is cqncerned and that Is that the confirming body shall determine the qualifications of the persons who may be nominated by the executive for the respective positions posi-tions whether or not they are capable cap-able of discharging the duties of the office with strict fidelity and whether they are honest and worthy of confidence con-fidence That is the limit of power so far as the intent and spirit of the law is concerned and when the executive officer is acting within the authority of the law which confers upon him the power to make anpointments it is the duty oc the confirming body to confirm con-firm the apnointees unless there is good and sufficient reason for refusing consent on the ground of incompetency or dishonesty Mayor Spencer in the discharge of his duty as mayor sent in the names of three gentlemen to fill positions of honor and trust in this city He did not exceed his authority as the terms of the present incumbents of the offices of-fices would have expired and the mayor has the right and in fact it is made his duty to fill the places The city council did not confirm the appointments mainly for personal and political reasons That the gentlemen named are all respectable and capable men well qualified to fill the offices to which they were nominated is not disputed dis-puted Therefore the refusal of the council to confirm is an abuse of power which is not warranted by the spirit of the law and is certainly against public policy |